(1) Evidence may be examined or preserved, upon request by a party, intervenor, or interested party, or ex officio, in trial proceedings.
(2) The provisions of the Civil Procedure Act concerning the examination and preservation of evidence shall apply mutatis mutandis to the examination and preservation of evidence under paragraph (1): Provided, That an administrative patent judge shall not take any of the following acts:
1. Making a decision to impose an administrative fine;
2. Issuing an order to remand a person in custody;
3. Requiring a person to make a deposit into the competent court.
(3) A request to preserve evidence shall be filed with the President of the Korean Intellectual Property Trial and Appeal Board before filing a petition for trial, or with the presiding judge if the trial is pending.
(4) Upon receipt of a request to preserve evidence under paragraph (1) before a petition for trial is filed, the President of the Korean Intellectual Property Trial and Appeal Board shall appoint an administrative patent judge to take charge of examining the request.
(5) When the presiding judge ex officio examines or preserves evidence under paragraph (1), he or she shall notify the parties, intervenors, and interested parties of the results thereof, and shall provide them with an opportunity to submit their arguments thereon within a specified period.[This Article Wholly Amended on Jun. 11, 2014]